Bill Text: IL HB1776 | 2017-2018 | 100th General Assembly | Engrossed

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Bill Title: Amends the Election Code. Provides for the election of the board of trustees of the City Colleges of Chicago, Illinois Community College District No. 508, at the general primary election in 2018 on a nonpartisan ballot. Provides that a member of the board of trustees shall be elected at each consolidated election thereafter. Makes related changes. Amends the Public Community College Act. Sets forth provisions concerning nominating petitions and ballots. Provides that the City of Chicago shall be subdivided into 20 trustee districts by the General Assembly for seats on the board of trustees, in addition to one at-large trustee. Provides that in the year following each decennial census, the General Assembly shall redistrict the trustee districts to reflect the results of each decennial census. Makes other changes. Effective immediately.

Spectrum: Moderate Partisan Bill (Democrat 44-11)

Status: (Failed) 2019-01-08 - Session Sine Die [HB1776 Detail]

Download: Illinois-2017-HB1776-Engrossed.html

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AN ACT concerning education.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 5. The Election Code is amended by changing
Sections 2A-1.2 and 2A-52 as follows:
(10 ILCS 5/2A-1.2) (from Ch. 46, par. 2A-1.2)
Sec. 2A-1.2. Consolidated Schedule of Elections - Offices
Designated.
(a) At the general election in the appropriate
even-numbered years, the following offices shall be filled or
shall be on the ballot as otherwise required by this Code:
(1) Elector of President and Vice President of the
United States;
(2) United States Senator and United States
Representative;
(3) State Executive Branch elected officers;
(4) State Senator and State Representative;
(5) County elected officers, including State's
Attorney, County Board member, County Commissioners, and
elected President of the County Board or County Chief
Executive;
(6) Circuit Court Clerk;
(7) Regional Superintendent of Schools, except in

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counties or educational service regions in which that
office has been abolished;
(8) Judges of the Supreme, Appellate and Circuit
Courts, on the question of retention, to fill vacancies and
newly created judicial offices;
(9) (Blank);
(10) Trustee of the Metropolitan Sanitary District of
Chicago, and elected Trustee of other Sanitary Districts;
(11) Special District elected officers, not otherwise
designated in this Section, where the statute creating or
authorizing the creation of the district requires an annual
election and permits or requires election of candidates of
political parties.
(b) At the general primary election:
(1) in each even-numbered year candidates of political
parties shall be nominated for those offices to be filled
at the general election in that year, except where pursuant
to law nomination of candidates of political parties is
made by caucus.
(2) in the appropriate even-numbered years the
political party offices of State central committeeman,
township committeeman, ward committeeman, and precinct
committeeman shall be filled and delegates and alternate
delegates to the National nominating conventions shall be
elected as may be required pursuant to this Code. In the
even-numbered years in which a Presidential election is to

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be held, candidates in the Presidential preference primary
shall also be on the ballot.
(3) in each even-numbered year, where the municipality
has provided for annual elections to elect municipal
officers pursuant to Section 6(f) or Section 7 of Article
VII of the Constitution, pursuant to the Illinois Municipal
Code or pursuant to the municipal charter, the offices of
such municipal officers shall be filled at an election held
on the date of the general primary election, provided that
the municipal election shall be a nonpartisan election
where required by the Illinois Municipal Code. For partisan
municipal elections in even-numbered years, a primary to
nominate candidates for municipal office to be elected at
the general primary election shall be held on the Tuesday 6
weeks preceding that election.
(4) in each school district which has adopted the
provisions of Article 33 of the School Code, successors to
the members of the board of education whose terms expire in
the year in which the general primary is held shall be
elected.
(5) in the 2018 primary election, the members of the
Board of Trustees of the City Colleges of Chicago, Illinois
Community College District No. 508, shall be elected to
serve a term of 5 years; successors shall be elected at the
consolidated election under subsection (c) of this Section
to a term of 4 years as provided under Section 2A-48 of

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this Code. The election of members of the Board of Trustees
of the City Colleges of Chicago held in 2018 shall be a
nonpartisan election as provided for under this Code and
conducted on a nonpartisan ballot.
(c) At the consolidated election in the appropriate
odd-numbered years, the following offices shall be filled:
(1) Municipal officers, provided that in
municipalities in which candidates for alderman or other
municipal office are not permitted by law to be candidates
of political parties, the runoff election where required by
law, or the nonpartisan election where required by law,
shall be held on the date of the consolidated election; and
provided further, in the case of municipal officers
provided for by an ordinance providing the form of
government of the municipality pursuant to Section 7 of
Article VII of the Constitution, such offices shall be
filled by election or by runoff election as may be provided
by such ordinance;
(2) Village and incorporated town library directors;
(3) City boards of stadium commissioners;
(4) Commissioners of park districts;
(5) Trustees of public library districts;
(6) Special District elected officers, not otherwise
designated in this section, where the statute creating or
authorizing the creation of the district permits or
requires election of candidates of political parties;

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(7) Township officers, including township park
commissioners, township library directors, and boards of
managers of community buildings, and Multi-Township
Assessors;
(8) Highway commissioners and road district clerks;
(9) Members of school boards in school districts which
adopt Article 33 of the School Code;
(10) The directors and chairman of the Chain O Lakes -
Fox River Waterway Management Agency;
(11) Forest preserve district commissioners elected
under Section 3.5 of the Downstate Forest Preserve District
Act;
(12) Elected members of school boards, school
trustees, directors of boards of school directors,
trustees of county boards of school trustees (except in
counties or educational service regions having a
population of 2,000,000 or more inhabitants) and members of
boards of school inspectors, except school boards in school
districts that adopt Article 33 of the School Code;
(13) Members of Community College district boards,
except as otherwise provided in paragraph (5) of subsection
(b) of this Section;
(14) Trustees of Fire Protection Districts;
(15) Commissioners of the Springfield Metropolitan
Exposition and Auditorium Authority;
(16) Elected Trustees of Tuberculosis Sanitarium

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Districts;
(17) Elected Officers of special districts not
otherwise designated in this Section for which the law
governing those districts does not permit candidates of
political parties.
(d) At the consolidated primary election in each
odd-numbered year, candidates of political parties shall be
nominated for those offices to be filled at the consolidated
election in that year, except where pursuant to law nomination
of candidates of political parties is made by caucus, and
except those offices listed in paragraphs (12) through (17) of
subsection (c).
At the consolidated primary election in the appropriate
odd-numbered years, the mayor, clerk, treasurer, and aldermen
shall be elected in municipalities in which candidates for
mayor, clerk, treasurer, or alderman are not permitted by law
to be candidates of political parties, subject to runoff
elections to be held at the consolidated election as may be
required by law, and municipal officers shall be nominated in a
nonpartisan election in municipalities in which pursuant to law
candidates for such office are not permitted to be candidates
of political parties.
At the consolidated primary election in the appropriate
odd-numbered years, municipal officers shall be nominated or
elected, or elected subject to a runoff, as may be provided by
an ordinance providing a form of government of the municipality

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pursuant to Section 7 of Article VII of the Constitution.
(e) (Blank).
(f) At any election established in Section 2A-1.1, public
questions may be submitted to voters pursuant to this Code and
any special election otherwise required or authorized by law or
by court order may be conducted pursuant to this Code.
Notwithstanding the regular dates for election of officers
established in this Article, whenever a referendum is held for
the establishment of a political subdivision whose officers are
to be elected, the initial officers shall be elected at the
election at which such referendum is held if otherwise so
provided by law. In such cases, the election of the initial
officers shall be subject to the referendum.
Notwithstanding the regular dates for election of
officials established in this Article, any community college
district which becomes effective by operation of law pursuant
to Section 6-6.1 of the Public Community College Act, as now or
hereafter amended, shall elect the initial district board
members at the next regularly scheduled election following the
effective date of the new district.
(g) At any election established in Section 2A-1.1, if in
any precinct there are no offices or public questions required
to be on the ballot under this Code then no election shall be
held in the precinct on that date.
(h) There may be conducted a referendum in accordance with
the provisions of Division 6-4 of the Counties Code.

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(Source: P.A. 89-5, eff. 1-1-96; 89-95, eff. 1-1-96; 89-626,
eff. 8-9-96; 90-358, eff. 1-1-98.)
(10 ILCS 5/2A-52) (from Ch. 46, par. 2A-52)
Sec. 2A-52. Community College District - Member - Time of
Election. A member of the Board of a Community College District
shall be elected at each consolidated election to succeed each
elected incumbent member of the Board whose term expires before
the following consolidated election. However, a member of the
Board of Trustees of the City Colleges of Chicago, Illinois
Community College District No. 508, shall be elected at each
consolidated election beginning with the April 2023 election to
succeed each incumbent member whose term ends before the
following consolidated election.
(Source: P.A. 90-358, eff. 1-1-98.)
Section 10. The Public Community College Act is amended by
changing Sections 7-1, 7-2, and 7-3 and by adding Sections
7-2.1, 7-2.2, and 7-2.3 as follows:
(110 ILCS 805/7-1) (from Ch. 122, par. 107-1)
Sec. 7-1. This Article applies only to community college
districts in cities having a population of 500,000 or more
inhabitants. Each such community college district shall
maintain a system of community colleges under the charge of a
board, which is appointed as provided in Section 7-2. Except as

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otherwise provided in this Article, such a community college
district and its board have all the rights, duties, powers and
responsibilities and are subject to the same limitations as are
provided for other community college districts in this Act, as
now or hereafter amended.
(Source: P.A. 78-669.)
(110 ILCS 805/7-2) (from Ch. 122, par. 107-2)
Sec. 7-2. (a) This subsection (a) applies until March 21,
2018. The board shall consist of 7 members, appointed by the
mayor with the approval of the city council. Prior to the
expiration of the term of any member his successor shall be
appointed in like manner and shall hold office for a term of 3
years from July 1 of the year in which he is appointed and
until his successor is appointed and qualified. Any vacancy in
the membership of the board shall be filled through appointment
by the mayor, with the approval of the city council, for the
unexpired term. If any appointee fails to qualify within 30
days after his appointment, the office shall be filled by a new
appointment for the unexpired term. To be eligible for
appointment to a board under this Section, a person must
possess the same qualifications and meet the same requirements
as are prescribed by this Act for members of an elected board
of a community college district.
(b) On March 21, 2018, notwithstanding the provisions of
Section 3-7 of this Act, the terms of all members of the board

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appointed under subsection (a) of this Section are abolished
when the new board, consisting of 21 members, is elected by the
electors of the community college district as provided in this
subsection (b) and takes office.
Each member shall be elected for a term of 4 years,
commencing on the second Tuesday in May of the year in which
the member is elected, and until the member's successor is
elected and has qualified, except that members of the board
elected to terms commencing on March 21, 2018 shall commence to
serve for terms of 5 years and until the member's successor is
elected and has qualified. For purposes of elections conducted
pursuant to this subsection (b), the City of Chicago shall be
subdivided into 20 trustee districts by the General Assembly
for seats on the board, as provided under Section 7-2.3 of this
Act. Each district shall be represented by a member, and one
member shall be elected at large and serve as the president of
the board. To be eligible for election or appointment to a
board under this Section, a person must possess the same
qualifications and meet the same requirements as are prescribed
by this Act for members of an elected board of a community
college district. A person is ineligible for election or
appointment to a board under this Section if that person is an
employee of a community college district within the city.
(c) No member shall have or be an employee or owner of a
company that has a contract with a community college within the
city. No former officer, member, or employee of the board

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shall, within a period of one year immediately after
termination of service on the board, knowingly accept
employment or receive compensation or fees for services from a
person or entity if the officer, member, or employee, during
the year immediately preceding termination of service on the
board, participated personally and substantially in the award
of contracts with the board, community college district, or
community colleges within the city, or the issuance of contract
change orders with the board or the community college district,
or community college within the city, with a cumulative value
of $25,000 or more to the person, the entity, or the entity's
parent or subsidiary.
(d) Whenever a vacancy occurs, the remaining members shall
fill the vacancy, and the person so appointed shall serve until
a successor is elected at the next regular election for board
members and is certified in accordance with Sections 22-17 and
22-18 of the Election Code. If the remaining members fail to
fill the vacancy within 60 days after the vacancy occurs, the
chairman of the State Board shall fill that vacancy, and the
person so appointed shall serve until a successor is elected at
the next regular election for board members and is certified in
accordance with Sections 22-17 and 22-18 of the Election Code.
The person appointed to fill a vacancy shall have the same
residential qualifications as his or her predecessor in office
was required to have. However, in either instance, if the
vacancy occurs with more than 28 months remaining until the

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term expires, the appointed member shall serve only until a
successor is elected and qualified at the next scheduled
election.
(Source: P.A. 78-669.)
(110 ILCS 805/7-2.1 new)
Sec. 7-2.1. Nomination petitions. Notwithstanding Section
3-7.10 of this Act, in addition to the requirements of the
general election law, the form of petitions under this Section
shall be substantially as follows:
NOMINATING PETITIONS
(LEAVE OUT THE INAPPLICABLE PART.)
To the Board of Election Commissioners for the City of
Chicago:
We the undersigned, being (.... or more) of the voters
residing within said district, hereby petition that .... who
resides at .... in the City of Chicago shall be a candidate for
the office of .... of the Board of Trustees of the City
Colleges of Chicago, Illinois Community College District No.
508, (full term) (vacancy) to be voted for at the election to
be held on (insert date).
Name: .................. Address: ...................
In the designation of the name of a candidate on a petition
for nomination, the candidate's given name or names, initial or
initials, a nickname by which the candidate is commonly known,
or a combination thereof may be used in addition to the

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candidate's surname. If a candidate has changed his or her
name, whether by a statutory or common law procedure in
Illinois or any other jurisdiction, within 3 years before the
last day for filing the petition, then (i) the candidate's name
on the petition must be followed by "formerly known as (list
all prior names during the 3-year period) until name changed on
(list date of each such name change)" and (ii) the petition
must be accompanied by the candidate's affidavit stating the
candidate's previous names during the period specified in
clause (i) and the date or dates each of those names was
changed; failure to meet these requirements shall be grounds
for denying certification of the candidate's name for the
ballot, but these requirements do not apply to name changes
resulting from adoption to assume an adoptive parent's or
parents' surname, marriage to assume a spouse's surname, or
dissolution of marriage or declaration of invalidity of
marriage to assume a former surname. No other designation, such
as a political slogan, as defined by Section 7-17 of the
Election Code, title or degree, or nickname suggesting or
implying possession of a title, degree or professional status,
or similar information may be used in connection with the
candidate's surname.
All petitions for the nomination of members of the board
shall be filed with the board of election commissioners of the
jurisdiction in which the principal office of the community
college district is located within the time provided for by the

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general election law, except that petitions for the nomination
of members of the board for the March 20, 2018 election shall
be prepared and certified on the same schedule as the petition
schedule for the candidates for the General Assembly. The board
of election commissioners shall receive and file only those
petitions that include a statement of candidacy, the required
number of voter signatures, the notarized signature of the
petition circulator, and a receipt from the County Clerk
showing that the candidate has filed a statement of economic
interest on or before the last day to file as required by the
Illinois Governmental Ethics Act. The board of election
commissioners may have petition forms available for issuance to
potential candidates and may give notice of the petition filing
period by publication in a newspaper of general circulation
within the community college district not less than 10 days
prior to the first day of filing. The board of election
commissioners shall make certification to the proper election
authorities in accordance with the general election law.
The board of election commissioners of the jurisdiction in
which the principal office of the community college district is
located shall notify the candidates for whom a petition for
nomination is filed or the appropriate committee of the
obligations under the Campaign Financing Act as provided in the
general election law. Such notice shall be given on a form
prescribed by the State Board of Elections and in accordance
with the requirements of the general election law. The board of

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election commissioners shall within 7 days of filing or on the
last day for filing, whichever is earlier, acknowledge to the
petitioner in writing the office's acceptance of the petition.
A candidate for membership on the board who has petitioned
for nomination to fill a full term and to fill a vacant term to
be voted upon at the same election must withdraw his or her
petition for nomination from either the full term or the vacant
term by written declaration.
Nomination petitions are not valid unless the candidate
named therein files with the board of election commissioners a
receipt from the county clerk showing that the candidate has
filed a statement of economic interests as required by the
Illinois Governmental Ethics Act. Such receipt shall be so
filed either previously during the calendar year in which his
or her nomination papers were filed or within the period for
the filing of nomination papers in accordance with the general
election law.
(110 ILCS 805/7-2.2 new)
Sec. 7-2.2. Ballots. The board of election commissioners of
the jurisdiction in which the principal office of the community
college district is located shall conduct a lottery to
determine the ballot order of candidates for full terms in the
event of any simultaneous petition filings. Such candidate
lottery shall be conducted as follows:
All petitions filed by persons waiting in line as of 8:00

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a.m. on the first day for filing, or as of the normal opening
hour of the office involved on such day, shall be deemed
simultaneously filed as of 8:00 a.m. or the normal opening
hour, as the case may be. Petitions filed by mail and received
after midnight of the first day for filing and in the first
mail delivery or pickup of that day shall be deemed
simultaneously filed as of 8:00 a.m. of that day or as of the
normal opening hour of such day, as the case may be. All
petitions received thereafter shall be deemed filed in the
order of actual receipt. However, 2 or more petitions filed
within the last hour of the filing deadline shall be deemed
filed simultaneously.
Where 2 or more petitions are received simultaneously for
the same office as of 8:00 a.m. on the first day for petition
filing or as of the normal opening hour of the office of the
board of election commissioners with whom such petitions are
filed, the board of election commissioners shall break ties and
determine the order of filing by means of a lottery or other
fair and impartial method of random selection. Such lottery
shall be conducted within 9 days following the last day for
petition filing and shall be open to the public. Seven days
written notice of the time and place of conducting such random
selection shall be given by the board of election commissioners
to all candidates who filed their petitions simultaneously and
to each organization of citizens within the election
jurisdiction that was entitled, under the general election law,

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at the next preceding election, to have poll watchers present
on the day of election. The board of election commissioners
shall post in a conspicuous, open, and public place, at the
entrance of his or her office, notice of the time and place of
such lottery.
All candidates shall be certified in the order in which
their petitions have been filed and in the manner prescribed by
Section 10-15 of the Election Code. Where candidates have filed
simultaneously, they shall be certified in the order prescribed
by this Section and prior to candidates who filed for the same
office at a later time.
Where elections are conducted for unexpired terms, a second
lottery to determine ballot order shall be conducted for
candidates who simultaneously file petitions for such
unexpired terms. Such lottery shall be conducted in the same
manner as prescribed by this Section for full term candidates.
Ballots for the election of board members shall be in the
following form:
(BALLOT FORMAT
Ballot position for candidates shall be determined by the
order of petition filing or lottery held pursuant to this
Section.
The community college district is divided into 20 trustee
districts, each of which elects one member to the board and
votes on one member to serve at-large.)

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OFFICIAL BALLOT
DISTRICT ....... (1 through 20)
FOR MEMBERS OF THE BOARD OF TRUSTEES OF THE CITY COLLEGES OF
CHICAGO TO SERVE
A FULL 4-YEAR TERM
VOTE FOR ONE
( ) .....................................
( ) .....................................
( ) .....................................
OFFICIAL BALLOT
AT LARGE
FOR MEMBERS OF THE BOARD OF TRUSTEES OF THE CITY COLLEGES OF
CHICAGO TO SERVE
A FULL 4-YEAR TERM
VOTE FOR ONE
( ) .....................................
( ) .....................................
( ) .....................................
REVERSE SIDE:
OFFICIAL BALLOT
DISTRICT ....... (1 through 20)
(Precinct name or number)
Community College District No. ......, ........... County,
Illinois
Election Tuesday (insert date)
(facsimile signature of Election Authority)

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(County)
(110 ILCS 805/7-2.3 new)
Sec. 7-2.3. Creation of trustee districts; reapportionment
of districts.
(a) For purposes of elections conducted pursuant to
subsection (b) of Section 7-2 of this Act, the City of Chicago
shall be subdivided into 20 trustee districts after the
effective date of this amendatory Act of the 100th General
Assembly by the General Assembly for seats on the board. The
trustee districts must be drawn on or before January 1, 2018.
Each trustee district must be compact, contiguous, and
substantially equal in population.
(b) In the year following each decennial census, the
General Assembly shall redistrict the trustee districts to
reflect the results of the decennial census consistent with the
requirements in subsection (a) of this Section. The
reapportionment plan shall be completed and formally approved
by the General Assembly not less than 90 days before the last
date established by law for the filing of nominating petitions
for the second board election after the decennial census year.
If by reapportionment a board member no longer resides within
the trustee district from which the member was elected, the
member shall continue to serve in office until the expiration
of the member's regular term. All new members shall be elected
from the trustee districts as reapportioned.

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(110 ILCS 805/7-3) (from Ch. 122, par. 107-3)
Sec. 7-3. The organization of the board and election of
officers for the a board appointed under Section 7-2 shall be
conducted in accordance with the general election law and this
Act.
(Source: P.A. 81-1489.)
Section 99. Effective date. This Act takes effect upon
becoming law.